Dutch regulator triggers licensing preparations with draft rules
KSA confirms new regulatory feasibility study will solicit opinions from outside sources including operators and law firms
The Dutch Gambling Authority (KSA) has published a draft version of policy rules affecting online operators alongside a draft of the licensing permit document.
Under the draft policy rules, operators must indicate which type of remote gaming they will operate, with the form being completed in Dutch language.
As part of the application process, a prospective operator must provide various policies as supporting documentation, including its integrity, addiction prevention and anti-money laundering policies.
Other important policies which must be provided include an operator’s outsourcing strategy, confirming which suppliers it works with and supplying copies of all agreed contracts.
These agreements will be assessed by the KSA to ensure that “appropriate measures” have been taken to ensure compliance with Dutch regulations.
In respect of advertising, operators will be required to provide information on their advertising policy as well as showing their player recruitment is within KSA guidelines on addiction prevention.
The names of staff responsible for advertising strategy, as well as details of all third-party marketing agencies, must also be provided.
Operators will be required to confirm the separation of player funds from their main financial accounts, as well as supporting financial documentation and a €50,000 security guarantee.
In addition, the operator must establish their Dutch-facing database in accordance with KSA guidelines, with firms being given the opportunity to test software with KSA regulators.
A feasibility test will be conducted in the coming weeks, with the KSA confirming it had opted for a “targeted” closed feasibility test, in order to meet its intended deadline of having the final rules ready by mid-January 2021.
As part of this, the Dutch regulator has approached a number of parties to give their opinion on the proposals, including several current country-specific licensees, international industry associations and law firms with expertise in gambling law.
Specific areas under scrutiny from this group include the advertising and database proposals, AML standards and the outsourcing measures outlined in the draft rules.
A mechanism for allowing operators to challenge their licence award, in the event that a licence for a specific area of remote gaming is denied, is included within the draft permit, with operators given six weeks to register their complaint.